Overview
David is a leading international arbitrator, having previously been a partner at B. Cremades y Asociados in Madrid, Spain.
He has been acting for many years as sole, chair or party-appointed arbitrator under the rules of ICSID, UNCITRAL, ICC, AAA, LCIA, WIPO, Court of Arbitration (Madrid), and the Court of Arbitration for Sport in a variety of seats including London, Madrid, New York, Paris, Washington DC, Miami and Geneva.
David has been based in Madrid for over 20 years and has a particular focus on disputes in Spain and Latin America. He is fluent in Spanish and English and is a national of New Zealand and the United Kingdom.
Practice Areas
- Investor State
- Commercial
- Construction & Infrastructure
- Intellectual Property
- Mergers & Acquisitions
- Joint Ventures
Experience
David’s international arbitration expertise lies with investor-state disputes, construction and engineering, commercial and intellectual property. He has acted as arbitrator in Investor-state disputes arising from bilateral investment treaties or investment agreements, including disputes between state entities and joint venture parties. David has acted as a commercial arbitrator in a diverse range of construction and engineering disputes, particularly in road, rail and telecommunications infrastructure projects, heavy plant construction and electricity generation.
Appointments
- President of an ICSID Tribunal appointed by the Parties in an arbitration arising from PPP and DFBOT (design-finance-build-operate-transfer) concession model for a major transport infrastructure project in Lima (Metro de Lima Linea 2 S.A. v Republic of Peru (ICSID Case No. Arb/17/3).
- President of an ICSID tribunal in an arbitration relating to a highway concession in Peru (Desarrollo Vial de los Andes S.A.C. v. Republic of Peru (ICSID Case No. ARB/20/18));
- President of an Investor-State Tribunal Established pursuant to the UNCITRAL Arbitration Rules.
- President of ICC Tribunal in an arbitration arising from the acquisition of a Spanish banking entity, with the seat at Madrid and subject to Spanish law
- President of ICC Tribunal in an arbitration arising from a joint venture in the technology sector with the seat at New York and subject to the laws of the State of Delaware
- President of an ICC Arbitration Tribunal in a dispute between Mexican and North American parties under New York law arising from a real estate joint venture in Mexico
- President of an ICDR-AAA Tribunal in a licensing and distribution dispute subject to New York law between US and Chilean parties and relating to the telecommunications sectors in various Latin American jurisdictions
- President of an Arbitral Tribunal established pursuant to the rules of the Arbitration Foundation of South Africa (AFSA), subject to English Law and with a seat at Johannesburg.
- President of an ICC Arbitration Tribunal in a dispute between Mexican and Italian parties arising from a joint venture in the manufacturing sector in Mexico
- President of an Arbitral Tribunal pursuant to the Rules of the Corte de Arbitraje de Madrid in a construction arbitration relating to biomass plant in Huelva
- President of an ICC Tribunal in a dispute arising from a pharmaceuticals joint venture under Spanish law
- President of an ICC Tribunal in a dispute arising from an acquisition transaction in the insurance sector under Spanish law
- President of an ICC Tribunal in an arbitration arising from a warranty insurance policy in relation to the acquisition of a Spanish corporation by a Dutch investor
- President of an Arbitral Tribunal under the rules of the Corte de Arbitraje de Madrid in an arbitration relating to the termination of a distribution contract in the consumer healthcare sector under Spanish law
- Arbitrator appointed pursuant to the ICSID Additional Facility Rules in relation to NAFTA claims arising from real estate developments in Mexico (Lion Mexico Consolidated L.P. v United Mexican States (ICSID Case No. ARB (AF)/15/2)
- Arbitrator in an ICC arbitration arising from the modernization of a refinery in Peru, subject to Spanish law and with the seat in Miami
- Arbitrator in an investment arbitration pursuant to the Spain-Cuba BIT arising from a joint venture between an investor and a state entity
- Sole arbitrator in two ICC arbitrations involving financial derivatives under Spanish law
- Arbitrator in two LCIA arbitrations relation to long-term supply contracts in the renewable energy sector under English law
- Sole arbitrator in an LCIA arbitration in a dispute arising from a Chinese investment in a Canadian technology corporation subject to the law of British Columbia
- Sole arbitrator in an ICC arbitration relating to a joint venture contract governed by Spanish law for the participation in a public works contract in Qatar
- Sole arbitrator in an ICC arbitration involving an International carriage of goods contract between German and Spanish companies
- Sole arbitrator in an arbitration arising from a management buy-out contract between Swedish and Spanish parties pursuant to the Rules of the Corte de Arbitraje de Madrid
- Sole arbitrator in a dispute arising from the acquisition by an Italian investor of a Spanish corporation in the Pharmaceutical sector
- Sole arbitrator in a dispute under Spanish law between a foreign investor and a prior-owner of mining rights in relation to the re-opening of a major Spanish mine
- Sole arbitrator in an arbitration relating to the termination of a real estate joint venture in Cape Verde pursuant to the Rules of the Corte de Arbitraje de Madrid
- President of an AFSA (Arbitration foundation of South Africa) tribunal relating to a call on performance bonds pursuant to a supply contract for a power plant in Ghana, subject to English law with the seat in Johannesburg
- Arbitrator appointed by the Court of Arbitration for Sport in ten CAS arbitrations, particularly relating to football disputes involving transfer agreements, agents remuneration, training compensation, and football club insolvency
- Sole arbitrator in four arbitrations relating to domain name rights pursuant to the WIPO
Membership details
- Fellow and Chartered Arbitrator
- London Member, London Court of International Arbitration
- ICC National Committees, United Kingdom & New Zealand
- Member of the ICDR Panel of International Arbitrators
- List of Arbitrators of the Court of Arbitration for Sport (CAS), Lausanne
- List of Arbitrators of the American Chamber of Commerce of Peru
- Panel of Arbitrators of the Singapore International Arbitration Centre
- Society of Construction Law
- Australian-Spain Business Association
- Club Español del Arbitraje, Madrid